Patents: interpretation of SPC Regulation

The Advocate General (AG) has delivered an opinion on the interpretation of Article 3 of the Supplementary Protection Certificate (SPC) Regulation (469/2009/EC) (2009 Regulation) (Article 3).

07 November 2019

Bird & Bird secures win in preliminary injunction patent case before the Düsseldorf Courts

On September 26, 2019, the Higher Regional Court of Düsseldorf confirmed on appeal that Teva Pharmaceutical Industries Ltd. (“Teva”) – one of Bird & Bird’s key clients – is entitled to a preliminary injunction against Mylan dura GmbH (“Mylan”) in Germany. ...

30 September 2019

Patents: meaning of enablement in anticipation by prior art

The Patents Court has considered enablement in relation to anticipation of a claimed monoclonal antibody invention by prior art, and held the patent was invalid for lack of novelty; it was also obvious for lack of technical contribution, and insufficient for ...

04 September 2019

Patents: Declaratory Relief

The Patents Court has refused to grant an Arrow declaration following de-designation of UK from pending patent applications because there was no uncertainty about UK patent rights and the true purpose of the declaration would be its use in foreign courts.

13 August 2019

When do clinical trial consent disclosures render a patent invalid?

In the recent case of InterPharma Pty Ltd v Hospira Inc (No 5) [2019] FCA 960 the Australian Federal Court has given patentees guidance as to novelty preserving practice in the conduct of clinical trials.

24 July 2019